International Journal of Arab Arbiration

Volume 5 - No. (3) 2013

 
Table of Contents

ARTICLES

  • Iraqi Draft Law on Arbitration ― By Fawzi Mohammed Sami
  • Enforcement of New York Convention Awards in the UAE: The Story Re-told ― By Gordon Blanke

ARBITRATION-RELATED DECISIONS ISSUED BY STATE COURTS IN ARAB JURISDICTIONS

Bahraini Case Law

  • Court of Cassation – First Circuit, Challenge No. 101 of 2010 – Dated 2 April 2012 ― Award Issued Under the Arbitration Centre of the Gulf Cooperation Council (GCC) – Award Registered with the Bahraini Courts – Request for Enforcement of the Award Before the Bahraini Courts – GCC Arbitration Centre Is an Independent Judicial Authority – Underlying Contract Executed and Performed in Saudi Arabia and Award to Be Enforced There – Bahraini Courts Have no Jurisdiction to Rule on the Enforcement – Request for Enforcement Dismissed.

Jordanian Case Law

  • Constitutional Court – Decision No. 2/2013 – Dated 3 April 2013 ― Jordanian Arbitration Law No. 31/2001 – Article 51 Granting the Right to Challenge the Court of Appeal’s Decision to Set Aside an Arbitral Award – No Right to Challenge the Court of Appeal’s Decision Confirming the Validity of an Arbitral Award – Request Pertaining to the Unconstitutionality of Article 51 Before the Court of Cassation – Request Transferred to the Constitutional Court – Requirement that the Legislator Protects Individuals’ Rights and Freedoms Under Article 28/1 of the Jordanian Constitution – Legal Requirement for the Equal Treatment of Individuals Before the Law Under Article 6/1 of the Constitution – Double Degree of Jurisdiction Being a Fundamental Right Aiming to Protect the Litigants’ Rights Before the State Courts – Such Right to Be Equally Provided to all Individuals – Article 51 Unequally Granting such Right to one of the Parties in a Dispute – Violation of Article 51 of the Constitution – Article 51 Declared Unconstitutional

Lebanese Case Law

  • President of the Beirut Court of First Instance – Decision No. 2/44 Dated 14 January 2013 ― Arbitration Clause – Appointment of the Arbitrators by the Beirut Court of First Instance – Recourse to the President of the Court for the Appointment Procedure – Challenge of the Jurisdiction of the President – Jurisdiction of the President of the Court Is Mandatory and Exclusive as per Article 764 of the Code of Civil Procedure – Challenge Dismissed – Purported Invalidity of the Arbitration Clause for not Having Determined the Number of Arbitrators – Arbitration Clause Valid Provided it Determines the Procedure of Appointment – Default Appointment Procedure in case of an Uneven Number of Arbitrators – Respondent’s Defences Dismissed – Three-Member Arbitral Tribunal Appointed by the President of the Beirut Court of First Instance.

Qatari Case Law

  • Court of First Instance – Commercial and Civil Execution and Summary Matters – No. 59 – 1 July 2012 ― Entrepreneurship Agreement Containing an Arbitration Clause – Delay in the Implementation of the Works – Request for Interim Measures Pertaining to the Appointment of an Expert – Request for Interim Measures Before Courts not Precluded by the Existence of an Arbitration Agreement Unless Agreed Otherwise – Expert Committee Appointed by the Court. Commentary by Minas Khatchadourian.

Syrian Case Law

  • Court of Appeal of Damascus – First Civil Section – Decision No. 5 Dated 25 January 2012 ― Arbitral Award – Third Party Opposition Requesting to Set Aside the Award Pursuant to Article 50 of the Arbitration Act – Request to Set Aside Arbitral Awards Under the Arbitration Act Is Reserved to Parties to the Arbitration Proceedings – Third Party Is not a Party to the Arbitral Award or to the Arbitration Agreement – Arbitral Awards Have the same Effect as Court Decisions Once Recognized – Third Parties can only Oppose an Arbitral Award Before the Court that Issued the Decision as per the General Rules of Procedure – Opposition Request Dismissed

UAE Case Law

  • Dubai Court of Cassation – Appeal Case No. 156/2013 – Decision Dated 18 August 2013 ― Foreign Arbitral Award – Request for Enforcement Before the Dubai Court of First Instance – Request Dismissed for lack of Jurisdiction Under Articles 21 and 235 of the UAE Civil Procedure – Defendant not Having a Domicile in the UAE and Contract not Having Been Executed and Performed in the UAE – Decision Challenged Before the Court of Appeal – Challenge Dismissed – Challenge Before the Court of Cassation – Purported Misapplication of the Law as the Court Should Have Applied the New York Convention on Enforcement of Foreign Awards – Articles 21 and 235 of the UAE Code of Civil Procedure Purportedly not Applicable – Purported Contravention of the Rights of Defence – Challenge Rejected – Articles 235 to 238 of the UAE Code of Civil Procedure Applicable to the Enforcement of all Foreign Orders and Decisions Without Prejudice to International Conventions – The Law of Procedure of the State Where Enforcement Is Sought Applies to the Enforcement of Foreign Awards as per Article 3 of the New York Convention – UAE Courts’ Jurisdiction Applies only Where Defendant Has a Domicile in the UAE Pursuant to Article 21 of the UAE Code of Procedure – Republic of Sudan Having no Domicile in the UAE – No Jurisdiction for UAE Courts to Rule on the Enforcement Request. See Article by Gordon Blanke (Above).


ARBITRATION-RELATED DECISIONS ISSUED BY STATE COURTS IN NON-ARAB JURISDICTIONS

  • Court of Cassation – First Civil Chamber – 29 June 2011 – PAPILLON GROUP CORPORATION (PGC) VS. ARAB REPUBLIC OF SYRIA AND OTHERS ― International Arbitration – Action for Annulment – Allegation of Partiality and Dependence of the Arbitrator – President of the Arbitral Tribunal Wrote two Newspaper Articles About the Israeli-Palestinian Conflict – PGC Not Concerned with the Conflict – Partiality and Dependence of Arbitrator not Proved – Principle of Collegiality – Necessity for Every Arbitrator to Debate any Decision with the Other Members of the Tribunal – Dissenting Opinion – Necessity to Prove the Deliberation Did not Take Place Regarding the Dissenting Opinion – No Proof – Non-Violation of the Principle of Collegiality – Arbitration Clause Signed by the "Arab Organization of Advertisement (GOLAN)” as a Syrian Public Establishment – GOLAN Having a Separate Legal Personality – Arbitration Clause not Signed by the Republic of Syria – Arbitration Clause not Extended to the Republic of Syria – Action for Annulment of the Award Dismissed. Commentary by Lina Hakim and Sβmi Hazoug.

ARBITRAL AWARDS RENDERED UNDER THE AUSPICES OF ARBITRAL INSTITUTIONS

  • International Chamber of Commerce – Final Award – 11 October 2007 – Case No. 12923/E.C – PAPILLON GROUP CORPORATION (PANAMA) VS. (1) ARAB REPUBLIC OF SYRIA; (2) ARAB ADVERTISING ORGANIZATION (AAO, GOLAN); (3) GENERAL ESTABLISHMENT OF EXTERNAL COMMERCE ― Organization of the 10th Session of the Mediterranean Olympic Games in Lattakia (Syria) Assigned to the Republic of Syria – Establishment by the Syrian Government of a Committee for this Purpose – Assignment of the Publicity of the Event to the Arab Advertising Organization (GOLAN) by the Committee – Contract Concluded Between GOLAN and Papillon Group Corporation (PGC) Granting the Latter Exclusive Advertising Rights – Contract Containing an Arbitration Clause – Dispute Pertaining to the Performance of the Contract – ICC Arbitration Claim Filed by PGC Against the Government of Syria and GOLAN – Government of Syria not Party to the Arbitration Clause – Contract Exclusively Signed by GOLAN – GOLAN Endowed with a Separate Legal Personality – Partial Jurisdiction Solely Regarding Claims that Were not Settled by a Previous Award Rendered in 2001 – Award Rendered Solely Against GOLAN. See commentary by Lina Hakim and Sβmi Hazoug (Above).


ARBITRATON NEWS

I. Updates on new and recent laws and cases.
II. Conferences, Training and Seminars.
III. Miscellaneous News about Law Firms and Other Institutions.
IV. Books, articles and other publications.

TEXTS/LAWS/REPORTS/DOCUMENTS

Iraqi Draft Law on Commercial Arbitration Issued in 2011.
 
Copyrights Terms of Service Legal Disclaimer Privacy Policy
intljaa.com 2013 Β© - All Rights Reserved. Designed and developed by e-gvision.com